Trade Marks/Service Marks Law

INTRODUCTION

In Cyprus, the legislation pertaining to trade mark protection is the Trade Marks Law, Cap. 268 (as amended). Procedural provisions are contained in the Trade Mark Regulations of October 1951 (as amended).

The 10th edition of the Nice Classification is used in Cyprus, and a single class system is in effect. This means that one trade mark application needs to be filed for each class, even if the trade mark applied for is the same.

Trade mark applications

Trade mark applications must be filed with the Registrar of Companies and Official Receiver (Trade Marks’ Division) by an advocate or law firm licensed to practise in the Republic.

The documents/information required for filing a trade mark application are as follows:

  • TM1 form (Power of Attorney). This needs to be signed by the trade mark applicant, and the original forwarded to our office. In addition, if the applicant is a legal person, the company’s rubber stamp needs to be affixed to the Power of Attorney document.
  • Copies of the mark (preferably in electronic form).
  • Description of the goods or services to be covered by the application.
  • Full details of the applicant’s name, address, nationality and nature of its business.

We would be pleased to assist also with the preparation of the class wording, if necessary.

Publication, opposition and judicial review

Once received by the Registrar’s Office, the application is examined and, provided it is accepted for registration, it is published in the Cyprus Government Gazette. Any person then has two months from the date of publication to file a notice of opposition with the Registrar’s Office, which will duly inform the applicant accordingly. The applicant may wish to proceed with the filing of a counter-statement, and both parties will have the opportunity to present their case through written addresses and evidence in the form of affidavits. The Registrar may also request that the parties present their cases in a hearing. After hearing both parties and considering all evidence filed, the Registrar will determine whether the mark in question will proceed to registration, or not.

Any party may apply to the Supreme Court of Cyprus (revisional jurisdiction) for judicial review of the Registrar’s decision.

Registration and duration of validity

When an application is accepted for registration, a Certificate of Registration will be issued by the Registrar’s Office. The registration date will be the date of application. The trade mark must be renewed seven years after the initial application, and every fourteen years thereafter.

COMMUNITY TRADE MARKS (CTM)

Following its accession to the European Union in May 2004, Cyprus also became a member of the Office for Harmonization of the Internal Market (OHIM).

OHIM is based in Alicante, Spain and accepts applications for the registration of Community Trade Marks (CTMs) and Community Industrial Designs (RCDs), through a single application procedure. Once registered, a CTM grants its proprietor a uniform right across all EU Member States. The registration date of a CTM is the application date. The trade mark is subject to renewal every ten years if it is to remain in force.

INTERNATIONAL TRADE MARKS

International trade mark applications may be filed with the Registrar of Trademarks’ Office in Cyprus and will be forwarded directly to the World Intellectual Property Organization (WIPO).

WIPO administers a system of international trade mark registration. This is governed by two treaties: the Madrid Agreement and the Madrid Protocol. Any physical or legal person that is a national, has its domicile or commercial establishment in one of the country members to one or both of the aforementioned treaties may apply for the international registration of its trade mark in countries designated in the application.

Cyprus is a member of both the Madrid Agreement and the Protocol. This means that anyone who has registered a national trade mark in Cyprus may apply for its international registration in all states which are members of the Madrid Union (over 80 countries).

WORK UNDERTAKEN BY OUR OFFICE

We have extensive experience in all aspects of trade marks matters, both contentious and non-contentious.

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